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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 949 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 949

    To amend the National Oilheat Research Alliance Act of 2000 to 
       reauthorize and improve that Act, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2011

   Mrs. Shaheen (for herself, Ms. Snowe, Mr. Reed, Mr. Burr, and Mr. 
   Sanders) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
    To amend the National Oilheat Research Alliance Act of 2000 to 
       reauthorize and improve that Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Oilheat Reauthorization Act 
of 2011''.

SEC. 2. RENAMING OF NATIONAL OILHEAT RESEARCH ALLIANCE ACT OF 2000.

    Section 701 of the National Oilheat Research Alliance Act of 2000 
(42 U.S.C. 6201 note; Public Law 106-469) is amended by striking 
``National Oilheat Research Alliance Act of 2000'' and inserting 
``National Oilheat Research, Consumer Education, and Efficiency Act of 
2011''.

SEC. 3. DEFINITION OF OILHEAT FUEL.

    Section 703 of the National Oilheat Research, Consumer Education, 
and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended--
            (1) by redesignating paragraphs (3) through (7) and (8) 
        through (15) as paragraphs (4) through (8) and (10) through 
        (17), respectively;
            (2) by inserting after paragraph (2) the following:
            ``(3) Cost-effective.--The term `cost-effective', with 
        respect to a program or activity conducted as part of the 
        heating oil efficiency and upgrade program under section 
        707(f)(3), means that the program or activity meets a total 
        resource cost test under which--
                    ``(A) the net present value of economic benefits 
                over the life of the program or activity, including 
                avoided supply and delivery costs and deferred or 
                avoided investments; is greater than
                    ``(B) the net present value of the economic costs 
                over the life of the program or activity, including 
                program costs and incremental costs borne by the energy 
                consumer.''; and
            (3) by inserting after paragraph (8) (as so redesignated) 
        the following:
            ``(9) Oilheat fuel.--The term `oilheat fuel' means fuel 
        that--
                    ``(A) is--
                            ``(i) No. 1 distillate;
                            ``(ii) No. 2 dyed distillate;
                            ``(iii) a liquid blended with No. 1 
                        distillate or No. 2 dyed distillate; or
                            ``(iv) a biobased liquid; and
                    ``(B) is used as a fuel for nonindustrial 
                commercial or residential space or hot water 
                heating.''.

SEC. 4. MEMBERSHIP.

    (a) Selection.--Section 705 of the National Oilheat Research, 
Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; 
Public Law 106-469) is amended by striking subsection (a) and inserting 
the following:
    ``(a) Selection.--
            ``(1) List.--
                    ``(A) In general.--The Alliance shall provide to 
                the Secretary a list of qualified nominees for 
                membership in the Alliance.
                    ``(B) Requirement.--Except as provided in 
                subsection (c)(1)(C), members of the Alliance shall be 
                representatives of the oilheat industry in a State, 
                selected from a list of nominees submitted by the 
                qualified State association in the State.
            ``(2) Vacancies.--A vacancy in the Alliance shall be filled 
        in the same manner as the original selection.
            ``(3) Secretarial action.--
                    ``(A) In general.--The Secretary shall have 60 days 
                to review nominees provided under paragraph (1).
                    ``(B) Failure to act.--If the Secretary takes no 
                action during the 60-day period described in 
                subparagraph (A), the nominees shall be considered to 
                be members of the Alliance.''.
    (b) Representation.--Section 705(b) of the National Oilheat 
Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 
6201 note; Public Law 106-469) is amended in the matter preceding 
paragraph (1) by striking ``qualified industry organization'' and 
inserting ``the Alliance''.
    (c) Number of Members.--Section 705(c) of the National Oilheat 
Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 
6201 note; Public Law 106-469) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) In general.--The Alliance shall be composed of the 
        following members:
                    ``(A) One member representing each State 
                participating in the Alliance.
                    ``(B) Five representatives of retail marketers, of 
                whom one shall be selected by each of the qualified 
                State associations of the 5 States with the highest 
                volume of annual oilheat fuel sales.
                    ``(C) Five additional representatives of retail 
                marketers.
                    ``(D) Twenty-one representatives of wholesale 
                distributors.
                    ``(E) Six public members, who shall be 
                representatives of significant users of oilheat fuel, 
                the oilheat fuel research community, State energy 
                officials, or other groups with expertise in oilheat 
                fuel, including consumer and low-income advocacy 
                groups.''; and
            (2) in paragraph 2, by striking ``the qualified industry 
        organization or''.

SEC. 5. BIENNIAL BUDGETS.

    Section 706(e) of the National Oilheat Research, Consumer 
Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 
106-469) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Publication of proposed budget.--Not later than 
        August 1, 2011, and every 2 years thereafter, the Alliance 
        shall, in consultation with the Secretary, develop and publish 
        for public review and comment a proposed biennial budget for 
        the next 2 calendar years, including the probable operating and 
        planning costs of all programs, projects, and contracts and 
        other agreements.''; and
            (2) by striking paragraph (4) and inserting the following:
            ``(4) Implementation.--
                    ``(A) In general.--The Alliance shall not implement 
                a proposed budget until the expiration of 60 days after 
                submitting the proposed budget to the Secretary.
                    ``(B) Recommendations for changes by secretary.--
                            ``(i) In general.--The Secretary may 
                        recommend to the Alliance changes to the budget 
                        programs and activities of the Alliance that 
                        the Secretary considers appropriate.
                            ``(ii) Response by alliance.--Not later 
                        than 30 days after the receipt of any 
                        recommendations made under clause (i), the 
                        Alliance shall submit to the Secretary a final 
                        budget for the next 2 calendar years that 
                        incorporates or includes a description of the 
                        response of the Alliance to any changes 
                        recommended under clause (i).
                    ``(C) Effect of disapproval.--If the Secretary 
                disapproves a proposed budget of the Alliance, the 
                Alliance shall operate under the terms and conditions 
                of the previous budget.''.

SEC. 6. DATA COLLECTION SYSTEM.

    (a) In General.--Section 706(f)(1)(A) of the National Oilheat 
Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 
6201 note; Public Law 106-469) is amended by inserting ``(including, to 
the maximum extent practicable, a data collection process established, 
in collaboration with the Secretary, to track equipment, service, and 
related safety issues under this title)'' after ``the Alliance''.
    (b) Technical Amendment.--Section 706(f)(2)(b) of the National 
Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 
U.S.C. 6201 note; Public Law 106-469) is amended by striking ``the 
members of the Alliance, and the qualified industry organization'' and 
inserting ``and the members of the Alliance''.

SEC. 7. BIENNIAL REPORTS BY SECRETARY.

    Section 706 of the National Oilheat Research, Consumer Education, 
and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended by adding at the end the following:
    ``(i) Biennial Reports by Secretary.--Not later than April 30, 
2013, and every 2 years thereafter, the Secretary shall submit to 
Congress a report containing--
            ``(1) a description of activities of the Alliance relating 
        to--
                    ``(A) research, development, and demonstration;
                    ``(B) consumer education, safety and training; and
                    ``(C) development of alternative fuels;
            ``(2) an evaluation of the consumer savings, cost-
        effectiveness of, efficiency gains, and the lifetime and annual 
        energy savings achieved by, energy efficiency programs carried 
        out under this title; and
            ``(3) recommendations for more effectively achieving 
        consumer savings, cost-effectiveness, and lifetime and annual 
        energy savings through efficiency programs for home heating oil 
        for residential or commercial purposes, including an estimate 
        of--
                    ``(A) the amount of investment required to 
                implement all energy efficiency programs and heating 
                system upgrades and modifications that are cost-
                effective;
                    ``(B) the total amount of funds that consumers will 
                save from the investments; and
                    ``(C) the total number of jobs that will be created 
                from the investments.''.

SEC. 8. PAYMENT OF ASSESSMENTS.

    Section 707(b) of the National Oilheat Research, Consumer 
Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 
106-469) is amended by adding at the end the following:
            ``(8) Prohibition on pass through.--None of the assessments 
        collected under this title may be passed through or otherwise 
        required to be paid by the retail purchasers or ultimate 
        consumers of oilheat.''.

SEC. 9. FUNDS MADE AVAILABLE TO QUALIFIED STATE ASSOCIATIONS.

    Section 707(e)(2) of the National Oilheat Research, Consumer 
Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 
106-469) is amended by adding at the end the following:
                    ``(B) Separate accounts.--As a condition of receipt 
                of funds made available to a qualified State 
                association under this Act, the qualified State 
                association shall deposit the funds in an account that 
                is separate from other funds of the qualified State 
                association.''.

SEC. 10. USE OF ASSESSMENTS.

    Section 707 of the National Oilheat Research, Consumer Education, 
and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended by adding at the end the following:
    ``(f) Use of Assessments.--
            ``(1) In general.--Notwithstanding any other provision of 
        this title, the Secretary and the Alliance shall ensure that 
        assessments collected for each calendar year under this title 
        are allocated and used in accordance with this subsection.
            ``(2) Research, development, and demonstration.--
                    ``(A) In general.--The Alliance shall ensure that 
                not less than 40 percent of the assessments collected 
                for each calendar year under this title are used by 
                qualified State associations or the Alliance to conduct 
                research, development, and demonstration activities 
                relating to oilheat, including--
                            ``(i) the development of energy-efficient 
                        heating systems and biofuel heating oil blends; 
                        and
                            ``(ii) the transition and facilitation of 
                        the entry of energy efficient heating systems 
                        and biofuels into the marketplace.
                    ``(B) Priorities.--The Alliance shall coordinate 
                with the Secretary to develop priorities for the use of 
                assessments under this paragraph.
                    ``(C) Plan.--The Alliance shall develop a 
                coordinated research plan to carry out research 
                programs and activities under this section.
                    ``(D) Documentation.--The Alliance shall document 
                activities conducted under this paragraph using a 
                transparent process and procedures developed in 
                coordination with the Secretary.
            ``(3) Heating oil efficiency and upgrade program.--
                    ``(A) In general.--The Alliance shall ensure that 
                not less than 20 percent of the assessments collected 
                for each calendar year under this title are used by 
                qualified State associations or the Alliance to carry 
                out programs to assist consumers--
                            ``(i) to make cost-effective upgrades to 
                        more fuel efficient heating oil systems or 
                        otherwise make cost-effective modifications to 
                        an existing heating system to improve the 
                        efficiency of the system; or
                            ``(ii) to improve energy efficiency or 
                        reduce energy consumption through cost-
                        effective energy efficiency programs for 
                        consumers.
                    ``(B) Plan.--The Alliance shall--
                            ``(i) develop a coordinated heating oil 
                        efficiency and upgrade plan with States to 
                        carry out cost-effective efficiency programs 
                        and activities under this section;
                            ``(ii) to the maximum extent practicable, 
                        coordinate, develop, and implement the programs 
                        and activities of the Alliance in conjunction 
                        with existing State energy efficiency program 
                        administrators; and
                            ``(iii) submit the plan to the Secretary.
                    ``(C) Administration.--
                            ``(i) In general.--In carrying out this 
                        paragraph, the Alliance shall, to the maximum 
                        extent practicable, ensure that heating system 
                        conversion assistance is coordinated with, and 
                        developed after consultation with, persons or 
                        organizations responsible for administering--
                                    ``(I) the low-income home energy 
                                assistance program established under 
                                the Low-Income Home Energy Assistance 
                                Act of 1981 (42 U.S.C. 8621 et seq.);
                                    ``(II) the Weatherization 
                                Assistance Program for Low-Income 
                                Persons established under part A of 
                                title IV of the Energy Conservation and 
                                Production Act (42 U.S.C. 6861 et 
                                seq.); or
                                    ``(III) other energy efficiency 
                                programs administered by the State or 
                                other parties in the State.
                            ``(ii) Distribution of funds.--The Alliance 
                        shall ensure that funds distributed to carry 
                        out this paragraph are--
                                    ``(I) distributed equitably to 
                                States based on the proportional 
                                contributions of the States through 
                                collected assessments;
                                    ``(II) used to supplement (and not 
                                supplant) State or alternative sources 
                                of funding for energy efficiency 
                                programs; and
                                    ``(III) used only to carry out this 
                                paragraph.
            ``(4) Consumer education, safety, and training.--The 
        Alliance shall ensure that not more than 35 percent of the 
        assessments collected for each calendar year under this title 
        are used--
                    ``(A) to conduct consumer education activities 
                relating to oilheat, including providing information to 
                consumers on--
                            ``(i) energy conservation strategies;
                            ``(ii) safety;
                            ``(iii) new technologies that reduce 
                        consumption or improve safety and comfort;
                            ``(iv) the use of biofuels blends; and
                            ``(v) Federal, State, and local programs 
                        designed to assist oilheat consumers;
                    ``(B) to conduct worker safety and training 
                activities relating to oilheat, including energy 
                efficiency training (including classes to obtain 
                Building Performance Institute or Residential Energy 
                Services Network certification); or
                    ``(C) to carry out other activities recommended by 
                the Secretary.
            ``(5) Administrative costs.--The Alliance shall ensure that 
        not more than 5 percent of the assessments collected for each 
        calendar year under this title are used for overhead or 
        administrative costs.
            ``(6) Reports.--
                    ``(A) In general.--Each qualified State association 
                or the Alliance shall prepare a biannual report 
                detailing the development and administration of this 
                section, and yearly expenditures under this section.
                    ``(B) Contents.--Each report shall include--
                            ``(i) a description of the use of proceeds 
                        under this section, including a description 
                        of--
                                    ``(I) advancements made in energy-
                                efficient heating systems and biofuel 
                                heating oil blends; and
                                    ``(II) heating system upgrades and 
                                modifications and energy efficiency 
                                programs funded under this section; and
                            ``(ii) a demonstration of the consumer 
                        savings, cost-effectiveness of, and the 
                        lifetime and annual energy savings achieved by 
                        heating system upgrades and modifications and 
                        energy efficiency programs funded through this 
                        section.
                    ``(C) Availability.--
                            ``(i) In general.--Each report, and any 
                        subsequent changes to the report, described in 
                        subparagraph (A) shall be made publically 
                        available, with notice of availability provided 
                        to the Secretary.
                            ``(ii) Public availability.--The Secretary 
                        shall make the reports prepared under this 
                        paragraph available to the public, including by 
                        publishing the reports on the Internet.
                    ``(D) Verification.--
                            ``(i) In general.--The Alliance shall 
                        ensure that an independent third-party reviews 
                        each report described in subparagraph (A), and 
                        verifies the accuracy of the report, 
                        biennially.
                            ``(ii) Councils.--If a State has a 
                        stakeholder efficiency oversight council, the 
                        council shall be the entity that reviews and 
                        verifies the report of the State association or 
                        Alliance for the State under clause (i).''.

SEC. 11. MARKET SURVEY AND CONSUMER PROTECTION.

    The National Oilheat Research, Consumer Education, and Efficiency 
Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended by 
striking section 708.

SEC. 12. LOBBYING RESTRICTIONS.

    Section 710 of the National Oilheat Research, Consumer Education, 
and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended by inserting ``or to lobby'' after ``elections''.

SEC. 13. NONCOMPLIANCE.

    Section 712 of the National Oilheat Research, Consumer Education, 
and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended by adding at the end the following:
    ``(g) Noncompliance.--If the Alliance, a qualified State 
association, or any other entity or person violates this Act, the 
Secretary may impose a fine or take other appropriate action to ensure 
compliance with this Act, including referral to an appropriate law 
enforcement authority.''.

SEC. 14. SUNSET.

    Section 713 of the National Oilheat Research, Consumer Education, 
and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is 
amended by striking ``9 years'' and inserting ``19 years''.
                                 <all>
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